These Brand Asset Usage Terms ("Terms") govern the use of logos, trademarks, trade names, brand marks, icons, visual identity elements, imagery, photographs, graphics, videos, templates, guidelines and other brand materials made available through the Esyasoft Media Kit (collectively, the "Brand Assets").
For the purposes of these Terms, "Esyasoft", "we", "us" and "our" refer to Esyasoft Holding Ltd and, where applicable, the Esyasoft entity that owns or is authorised to license the relevant Brand Asset.
In these Terms, any reference to Esyasoft’s authorisation, approval, permission or consent in writing means approval given in writing by Esyasoft Marketing & Communications in response to a request made under clause 20, or rights granted in a written agreement signed by an authorised signatory of Esyasoft. No other approval, whether given by any other Esyasoft employee, representative or business partner, will be valid for the purposes of these Terms.
By ticking the acceptance box on the Media Kit page, or by downloading, accessing or using any Brand Asset, you acknowledge that your use is subject to these Terms and the applicable Esyasoft Brand Guidelines.
If you do not agree to these Terms, you must not download or use the Brand Assets. These Terms supplement the Esyasoft Website Terms of Use available at esyasoft.com/terms-of-use. In relation to the Brand Assets, if there is any inconsistency between these Terms and the Website Terms of Use, these Terms will prevail.
- Ownership and Intellectual Property Rights
- Permitted Use
- Brand Guidelines
- Prohibited Uses
- Partners, Customers, Suppliers and Other Third Parties
- Media and Editorial Use
- Photography, Video and Other Creative Materials
- Third-Party Intellectual Property
- No Endorsement
- Goodwill
- Review and Quality Control
- Withdrawal of Permission
- Reporting Misuse
- No Warranty
- Limitation of Liability
- Responsibility for Unauthorised Use
- Changes to the Brand Assets or These Terms
- Governing Law and Jurisdiction
- General
- Permissions and Contact
1. Ownership and Intellectual Property Rights
All rights, title and interest in and to the Brand Assets, including all associated trademarks, copyright, trade names, designs and other intellectual property rights, are owned by or licensed to Esyasoft or the relevant rights holder.
The availability of Brand Assets through the Media Kit does not transfer any ownership or intellectual property rights to you.
Except for the limited permission expressly provided under these Terms, no licence or other right in any Esyasoft intellectual property is granted, whether expressly, by implication, estoppel or otherwise.
All rights not expressly granted are reserved.
2. Permitted Use
Subject to these Terms and the Esyasoft Brand Guidelines, Brand Assets made available through the Media Kit may be used solely for the following purposes:
- bona fide news reporting, editorial coverage or commentary concerning Esyasoft;
- factual identification of Esyasoft in materials that refer to Esyasoft or its activities; and
- any other use expressly authorised by Esyasoft in writing.
The Brand Assets must only be used in a manner that accurately represents Esyasoft and the context in which Esyasoft is being referenced.
The availability of Brand Assets through the Media Kit does not constitute permission for commercial use, advertising, sponsorship, endorsement, co-branding, merchandising or partnership communications unless Esyasoft has separately authorised that use in writing.
3. Brand Guidelines
All use of the Brand Assets must comply with the current Esyasoft Brand Guidelines and any additional instructions provided by Esyasoft.
You must use the current versions of Brand Assets made available by Esyasoft. Where Esyasoft updates, replaces or withdraws a Brand Asset, you may be required to discontinue use of the previous version.
Where these Terms and the Brand Guidelines address the same matter, both apply. If there is any inconsistency relating to legal rights or permitted use, these Terms will prevail.
4. Prohibited Uses
Unless expressly authorised by Esyasoft in writing, you must not:
a. Modify the Brand Assets
Alter, redraw, recreate, distort, stretch, crop, rotate, recolour, animate, add effects to or otherwise modify any Brand Asset except where expressly permitted by the Brand Guidelines.
b. Create unauthorised variations
Create new logos, symbols, lock-ups, composite marks or other designs incorporating or derived from Esyasoft Brand Assets.
c. Imply endorsement or affiliation
Use a Brand Asset in a way that states or suggests that Esyasoft sponsors, endorses, approves, certifies, supports or is affiliated with any person, organisation, product, service, initiative or activity where no such relationship exists.
d. Misrepresent a relationship
Use the Brand Assets to represent or imply a partnership, customer relationship, supplier relationship, investment relationship, sponsorship or other commercial relationship beyond the scope expressly authorised by Esyasoft.
The existence of a commercial relationship with Esyasoft does not, by itself, grant permission to use Esyasoft Brand Assets.
e. Use the Brand Assets as your own identity
Incorporate Esyasoft's name, logos, marks or confusingly similar elements into:
- your company or trading name;
- product or service names;
- domain names;
- social media account names or handles;
- application names or icons;
- trademarks or service marks; or
- any other identifier suggesting ownership or affiliation.
f. Register Esyasoft intellectual property
Apply to register, claim ownership of or otherwise seek rights in an Esyasoft Brand Asset, or any mark, name, design or identifier that is identical or confusingly similar to an Esyasoft Brand Asset.
g. Use Brand Assets for merchandise or resale
Use Brand Assets on clothing, promotional merchandise, physical products, packaging or other items intended for sale, distribution or promotional use without prior written approval.
h. Use Brand Assets in advertising
Use Esyasoft Brand Assets in paid advertising, promotional campaigns, sales materials or other commercial communications without prior written approval.
i. Use Brand Assets unlawfully or misleadingly
Use Brand Assets in any unlawful, fraudulent, deceptive or misleading manner, or in a way that infringes the intellectual property, privacy, publicity or other rights of another person.
j. Distribute editable or master assets
Sell, license, sublicense, redistribute or make available editable, master or source versions of Brand Assets to third parties except where Esyasoft has expressly authorised this.
k. Create synthetic or unauthorised brand representations
Use Brand Assets to create altered, synthetic or AI-generated versions of Esyasoft logos, marks or official brand identity, or use the Brand Assets to train or fine-tune an artificial intelligence model for the purpose of reproducing or imitating Esyasoft's brand identity, without prior written permission.
l. Use Brand Assets in objectionable contexts
Use Brand Assets in connection with any content, product, service, person or activity that is defamatory, obscene, offensive or discriminatory, that is political or religious in nature, that is subject to applicable sanctions, or that is likely to harm the reputation of Esyasoft or bring it into disrepute.
5. Partners, Customers, Suppliers and Other Third Parties
Being an Esyasoft customer, supplier, consultant, technology partner, event partner, distributor, contractor or other business partner does not automatically grant a right to use Esyasoft's Brand Assets.
Use of Brand Assets in partnership announcements, case studies, presentations, websites, event materials, advertising, social media, proposals, sales collateral or co-branded communications will require prior written approval from Esyasoft.
Where a separate agreement with Esyasoft grants specific brand usage rights, that agreement will apply in addition to these Terms and will prevail to the extent of any inconsistency.
6. Media and Editorial Use
Journalists, publishers, broadcasters and other bona fide media organisations may use the Brand Assets made available specifically for media use when reporting on Esyasoft, provided that:
- the use is accurate and not misleading;
- the Brand Assets are not materially altered;
- Esyasoft is not presented as endorsing the publication or its views;
- the use complies with applicable law and these Terms; and
- any copyright credit or attribution accompanying an asset is retained where specified.
Nothing in these Terms is intended to restrict legitimate journalism, commentary, criticism or any other use that is permitted under applicable law and cannot lawfully be restricted by these Terms.
7. Photography, Video and Other Creative Materials
Photographs, video footage, illustrations and other creative materials included in the Media Kit may be subject to separate copyright, personality, publicity, privacy or contractual restrictions.
Such materials shall only be used for the purposes for which they have been expressly made available.
You must:
- retain any required credits or copyright notices;
- not materially alter the context or meaning of an image;
- not use an individual's image to imply personal endorsement of a product, service or organisation; and
- comply with any usage restrictions stated alongside the relevant asset.
Providing access to an image or video does not grant rights beyond those expressly permitted.
8. Third-Party Intellectual Property
Certain materials made available by Esyasoft may include names, trademarks, photographs, designs or other intellectual property belonging to customers, partners, subsidiaries, suppliers or other third parties.
Unless expressly stated otherwise, Esyasoft does not grant you any rights in third-party intellectual property.
You are responsible for obtaining any additional permissions required for your intended use.
9. No Endorsement
Use of an Esyasoft Brand Asset does not imply any endorsement, sponsorship, approval, certification or recommendation by Esyasoft.
You must not make any statement suggesting such an association unless Esyasoft has expressly authorised it.
10. Goodwill
Any goodwill arising from authorised use of Esyasoft trademarks or Brand Assets will accrue solely to the benefit of the relevant owner of those rights.
You acquire no ownership interest or other proprietary rights through your use of the Brand Assets.
11. Review and Quality Control
Esyasoft may request copies or examples of materials in which its Brand Assets are used in order to verify compliance with these Terms and the Brand Guidelines.
Where reasonably required to protect Esyasoft's brand or intellectual property rights, Esyasoft may require changes to, correction of or discontinuation of a particular use.
You agree to cooperate with such requests concerning authorised use of Esyasoft Brand Assets.
12. Withdrawal of Permission
Any permission granted under these Terms is limited, non-exclusive, non-transferable, non-sublicensable and revocable.
Esyasoft reserves the right to withdraw or modify permission to use any Brand Asset at any time, including where:
- these Terms or the Brand Guidelines have been breached;
- the use could create confusion regarding Esyasoft's involvement or endorsement;
- an asset has been replaced or withdrawn;
- continued use could damage or interfere with Esyasoft's intellectual property rights; or
- continued use is inconsistent with applicable law.
Following notification from Esyasoft, you must cease the relevant use within the period specified by Esyasoft and, where reasonably practicable, remove the Brand Asset from digital materials under your control.
For serious or unauthorised misuse, Esyasoft may require immediate cessation.
13. Reporting Misuse
If you become aware of suspected unauthorised or improper use of an Esyasoft Brand Asset, please contact:
Esyasoft Marketing & Communications: marketing@esyasoft.com
Esyasoft reserves all rights and remedies available in connection with unauthorised use or infringement of its intellectual property.
14. No Warranty
Brand Assets are provided on an "as available" basis.
To the fullest extent permitted by applicable law, Esyasoft makes no representation or warranty that the Brand Assets will remain available, unchanged or suitable for any particular purpose.
You are responsible for ensuring that your use of Brand Assets complies with applicable laws, regulations, professional requirements and third-party rights.
15. Limitation of Liability
To the fullest extent permitted by applicable law, Esyasoft and its affiliates, directors, officers and employees will not be liable for any loss or damage arising out of or in connection with the download or use of Brand Assets, whether in contract, tort (including negligence) or otherwise.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
16. Responsibility for Unauthorised Use
You are responsible for your use of the Brand Assets and for ensuring that anyone acting on your behalf complies with these Terms.
To the extent permitted by applicable law, you agree to indemnify and hold Esyasoft and its affiliates harmless from third-party claims, losses, liabilities, damages and reasonable costs (including reasonable legal fees) arising directly from:
- your unauthorised or unlawful use of the Brand Assets;
- your material breach of these Terms; or
- modifications or representations made by you that are not authorised by Esyasoft.
17. Changes to the Brand Assets or These Terms
Esyasoft may update its Brand Assets, Brand Guidelines or these Terms from time to time.
The version published on the Esyasoft website at the time of use will apply to future use of the Brand Assets.
Where a material change affects previously authorised ongoing use, Esyasoft may notify the relevant user or provide reasonable instructions regarding continued use where appropriate.
18. Governing Law and Jurisdiction
These Terms and any dispute or non-contractual obligation arising out of or in connection with them shall be governed by the laws of the Dubai International Financial Centre ("DIFC"). The DIFC Courts shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms, subject to any rights or remedies relating to intellectual property that Esyasoft may exercise in any other jurisdiction in which its rights are protected or infringed.
19. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by applicable law.
Any failure by Esyasoft to enforce a provision of these Terms will not constitute a waiver of its rights.
You may not transfer or sublicense any permission granted under these Terms without Esyasoft's prior written consent.
Clauses 1, 4, 10, 12, 15, 16 and 18 will continue to apply after any permission to use the Brand Assets is withdrawn or ends.
20. Permissions and Contact
For permissions relating to:
- commercial use;
- advertising;
- partnerships;
- sponsorships;
- co-branding;
- events;
- merchandise;
- campaigns;
- logo lock-ups;
- third-party distribution; or
- any proposed use not clearly permitted under these Terms,
Please contact:
Esyasoft Marketing & Communications: marketing@esyasoft.com
Written approval must be obtained before the proposed use begins. Any approval applies only to the specific use, format, medium and period approved, and may be withdrawn under clause 12.